If the agreement on the division of property stipulates the allocation of the right to live in the h

Mondo Social Updated on 2024-01-29

Guangzhou lawyer Zhang Jing answered: No. The right of residence cannot be the ownership of the property, and the transfer of ownership cannot be requested. In the following case, the three siblings signed an agreement stipulating that the third sister would be given the right to relocate the house, and the third sister sued the brothers for the transfer, but the court did not support it.

Excerpt from the verdict:

The court held that the case was a dispute over the division of family property. Lu Sannu, Lu Da'er and Lu Er'er voluntarily signed an agreement, stipulating that Lu Da'er would give Lu San'er 50 square meters after the demolished house in a certain village was relocated, and Lu Da'er and Lu Er'er jointly promised that the relocated house would have two bedrooms and one living room for Lu San'er to live in, and Lu Er'er would pay Lu San'er a monthly rental allowance of 2,500 yuan until she moved back during the period when she did not return to the house. The content of the above-mentioned agreement is legal and valid, and the parties shall perform it in accordance with the agreement. Now that the house involved in the case has been relocated, Lu Sannu, Lu Da'er, and Lu Er'er have also jointly confirmed that House 2706, the resettlement house of House No. 18, has been taken over on August 15, 2019, and comprehensively considering the area of each resettlement house involved in the case, as well as the fact that Lu Da'er has other houses in the city that can be inhabited in, and Lu San'er has no other residence in the city, it is confirmed that House 2706 is inhabited by Lu Sannu as appropriate. Lu Sannu asserted that the above-mentioned agreement stipulated the ownership of the house, but in light of the content of the agreement, the three parties clearly agreed that the relocated house was for Lu Sannu to live in, so it should be confirmed that the above-mentioned agreement was for the right of residence of the house. In addition, Lu Sannu demanded that Lu Er'er pay her a rental allowance from August 1, 2017 to the actual delivery of house 2706 to Lu Sannu's residence at the rate of 2,500 yuan per month, which was in line with the above agreement and was supported.

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